In its ruling, the court emphasized that the case raises fundamental constitutional and public interest questions that cannot be resolved through private arrangements between parties.
The judges held that once a matter is filed as public interest litigation, its fate is no longer solely in the hands of the petitioner but rests with the broader interests of the Kenyan public.
The petition, initially filed by COFEK, questioned the legality, transparency, and data protection implications of the bilateral agreement, which allegedly allows for the sharing of sensitive health data between Kenya and U.S. based entities.
Concerns had been raised over potential violations of privacy rights, lack of public participation, and whether adequate safeguards were in place to protect citizens’ personal information.
COFEK had sought to withdraw the case, a move that sparked speculation about possible out-of-court settlements or external pressure.
Also Read
However, the court firmly rejected the application, stating that allowing such withdrawal would undermine the very essence of public interest litigation, especially in cases touching on constitutional rights and governance.
“The issues raised transcend the interests of the petitioner and directly affect millions of Kenyans,” the court noted, adding that judicial oversight is necessary to ensure accountability and transparency in government agreements involving sensitive data.
Legal experts have welcomed the decision, arguing that it sets a strong precedent in safeguarding public interest cases from being prematurely terminated.
They contend that the ruling reinforces the judiciary’s role as a protector of constitutional values, particularly in an era where data privacy is becoming increasingly critical.
On the other hand, government representatives have maintained that the agreement is lawful and aligned with efforts to improve healthcare delivery through international partnerships.
They argue that data sharing, when properly regulated, can enhance research, disease surveillance, and healthcare outcomes.
Civil society organizations have also weighed in, urging the court to thoroughly interrogate the agreement to ensure it complies with Kenya’s data protection laws and constitutional provisions.
The case is now set to proceed to a full hearing, where the court will examine the legality and implications of the health data-sharing deal in detail.
The outcome is expected to have far reaching consequences on how Kenya handles sensitive citizen data and engages in international agreements involving personal information.
